govinfo:USCOURTS-cand-5_24-cv-06457-7

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 1 Case No. 5:24-cv-06457-NW 
STIPULATION OF DISMISSAL OF ALL ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER 
JESSICA R. MACGREGOR, Bar No. 168777 
JOHN B. SULLIVAN, Bar No. 238306 
ABIGAIL W. HENDERSON, Bar No. 338358 
LONG & LEVIT LLP 
465 California Street, Suite 500 
San Francisco, California 94104 
Telephone: (415) 397-2222 
Facsimile: (415) 397-6392 
Email: jmacgregor@longlevit.com 
jsullivan@longlevit.com 
ahenderson@longlevit.com 
 
Attorneys for Defendants 
STEVEN WILKER and TONKON TORP LLP 
 
 
 
UNITED STATES DISTRICT COURT 
 
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 
 
 
 
GARY MERLE KOEPPEL, individual and as 
Trustee for the KOEPPEL FAMILY TRUST; 
EMMA K. KOEPPEL, individual and as Trustee 
for the KOEPPEL FAMILY TRUST, 
 
Plaintiffs, 
 
v. 
 
STEVEN WILKER; TONKON TORP, LLP, 
DOES 1-10, 
 
Defendants. 
 

 
STIPULATION OF DISMISSAL OF ALL 
ACTIONS WITH PREJUDICE AND 
[PROPOSED] ORDER 
 
Action Filed: July 25, 2024 
 
 
Plaintiffs Gary Merle Koeppel, individually and as Trustee for the Koeppel Family Trust 
and Emma K. Koeppel, individually and as Trustee for the Koeppel Family Trust (“Plaintiffs”) and 
Defendants Steven Wilker and Tonkon Torp, LLP (“Defendants”) (collectively referred to herein 
as “Parties”), hereby stipulate by and through their respective counsel of record: 
WHEREAS, on July 25, 2024, the Koeppels filed an action against Tonkon Torp in Monterey 
Superior Court, Case No. 21CV001586; 
WHEREAS, Tonkon Torp removed the action to United States District Court, Northern District 
of California where it was assigned case No. 5:24-cv-06457 (the “Action”); 

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 2 Case No. 5:24-cv-06457-NW 
STIPULATION OF DISMISSAL OF ALL ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER 
WHEREAS, on April 17, 2026, Defendants filed a motion for terminating, issue, evidentiary, 
and monetary sanctions based on Plaintiffs’ withholding of relevant documents; 
WHEREAS, on May 5, 2026, the Court found that Plaintiffs and their counsel Ron Freshman, 
engaged in sanctionable conduct, and found Plaintiffs and Mr. Freshman jointly and severally liable 
to Defendants for (1) all fees and costs related to In re Paatalo, United States District Court for the 
District of Montana, Case No. 9:26 -mc-000001-DWM less the amount already awarded in that 
proceeding; (2) the fees associated with Defendants’ motion for terminating sanctions; (3) the fees 
and costs spent on juror research; (4) a portion of the fees and costs associated with five of seven 
pretrial conferences the Court held in March, and April of 2026; (5) fees and costs associated with 
Defendants’ briefing on Plaintiffs’ motion for reconsideration; and (6) additional attorney fe es and 
costs for preparing, travelling, and attending the May 5, 2026 hearing; 
WHEREAS, on May 29, 2026, the Court ordered the Plaintiffs and Mr. Freshman, to pay 
Defendants $123,218.94 no later than the close of business on June 26, 2026. 
WHEREAS, the Parties have entered into a Settlement Agreement wherein the Parties have 
agreed to dismiss Case No 5:24-cv-06457 (the “Action”) with prejudice. A true and correct copy of 
the Settlement Agreement is attached hereto as Exhibit A; 
WHEREAS, nothing in the Settlement Agreement or this stipulation shall be interpreted to 
release or otherwise modify any claims or otherwise modify sanctions orders in In re Paatalo, United 
States District Court for the District of Montana, Case No. 9:26-mc-000001-DWM; 
WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), following the filing of 
an answer by defendants, a plaintiff may dismiss his or her claims without a court order if all parties 
appearing in the lawsuit so stipulate; 
NOW THEREFORE, the parties through their respective counsel record stipulate and agree that 
Plaintiffs’ claims in this Action will be dismissed with prejudice. 
 
 
 
/// 

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 3 Case No. 5:24-cv-06457-NW 
STIPULATION OF DISMISSAL OF ALL ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER 
IT IS SO STIPULATED. 
 
Dated: LAW OFFICES OF RONALD H. FRESHMAN 
 
 
 
 
RONALD H. FRESHMAN 
 Attorney for Plaintiffs 
GARY M. KOEPPEL and EMMA K. KOEPPEL 
 
Dated: June 17, 2026. LONG & LEVIT LLP 
 
 
JESSICA R. MACGREGOR 
JOHN B. SULLIVAN 
ABIGAIL W. HENDERSON 
 Attorneys for Defendants 
STEVEN WILKER and TONKON TORP LLP 
 
 

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 4 Case No. 5:24-cv-06457-NW 
STIPULATION OF DISMISSAL OF ALL ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER 
[PROPOSED] ORDER 
 
Pursuant to the stipulation of the parties under Federal Rules of Civil Procedure 41(a), it is 
ordered that this action be dismissed, with prejudice, with each party bearing its own attorney’s 
fees and costs. 
 
IT IS SO ORDERED. 
 
 
Dated: ____________________, 2026. 
 
 
 
HON. NOEL WISE 
 
4898-1404-1779, v. 1 
June 18

EXHIBIT A 

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*#%&#&$&* B %$-$' .3 405
*#%&#&$&* B %$-$% .3 405

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CERTIFICATE OF SERVICE 
The undersigned certifies that on June 17, 2026, the foregoing document was electronically 
filed with the Clerk of the Court for the United States District Court, Northern District of 
California, using the Court’s Electronic Case Filing (ECF) system. The ECF system routinely 
sends a “Notice of Electronic Filing” to all counsel of record who have consented to accept this 
notice as service of this document by electronic means. Any party not receiving the Court’s 
electronic notification will be sent a copy of the foregoing document. 
 
Laurie Myers 
 

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